Act No. 232 / 2022 Coll.
Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended
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Law
Effective from 10.08.2022
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232
THE LAW
of 27 July 2022
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 250 / 2014 Coll., Act No. 131 / 2003 Coll., Act No. 151 / 2004 Coll., Act No. 151 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 350 / 2012 Coll., Act No. 296 / 2007 Coll., Act No. 155 / 2008 Coll.
1. The following Sections 11r to 11u are inserted after Section 11q, including the title and footnote 56:
"Electricity and gas costs contribution
(1) The contribution to cover the costs of electricity and natural gas (hereinafter referred to as "the contribution") is the amount of money which is the expenditure of the State budget intended to cover part of the electricity or natural gas payments supplied by the electricity or gas trader to the customer's household or customer's house purchase point. For the purposes of this Act, a customer in a house with flats is a person who receives electricity or natural gas for heating or the joint preparation of hot water as a provider of services under another legislature56) or a supplier of heat energy who does not hold a licence to produce or distribute heat energy. In the case of a customer in a house with apartments, the allowance is intended for persons using apartments exclusively for housing purposes (hereinafter referred to as "the recipient of services').
(2) For the purposes of the Act on State Social Support, the Act on aid in material need, the Act on the provision of benefits to disabled persons and the Act on Social Services, the contribution is not regarded as income and the cost of electricity and natural gas covered by the contribution is seen as being paid by a household customer or, in the case of electricity or natural gas, collected for the provision of services in a house with apartments of the recipient of services.
(3) The Government may provide for a regulation for a calendar year or part of a calendar year
(a) the categories of household and household customer demand points in the house for which the allowance is taken into account, specified by the electricity distribution rate and planned annual gas consumption, the amount of consumption at the sampling point or the energy savings criteria of the customer;
(b) the amount of the contribution to the individual customer demand points for which the contribution is taken into account, the maximum amount of the contribution to the individual demand point for electricity or gas of the customer in the household and to the apartment in the house with apartments may not exceed CZK 30,000;
(c) the relevant day on which the household customer's place of demand and the relevant day on which the customer's place of demand in the house with apartments meet the conditions for taking into account the contribution;
(d) the relevant date from which the electricity or gas trader takes into account the contribution of the household customer and the relevant date from which the electricity or gas trader takes into account the contribution of the customer in the housing,
(e) the date of submission and details of the request by the market operator to the Ministry for funding the contribution to the electricity trader or gas trader;
(f) the dates, scope and manner of transmission of data between the distribution system operator and the market operator and between the market operator and the electricity trader or gas trader;
(g) the dates for granting the funds to the market operator and the dates for granting the payment to take account of the contribution of the electricity trader or gas trader;
(h) the dates, scope and manner of transmission of data between the customer in the housing house and the distribution system operator.
(4) The contribution, its provision and consideration must comply with the conditions for granting public aid laid down by European Union law.
(1) The distribution system operator whose system is connected to the customer's equipment for which the contribution is to be taken into account is obliged to transmit to the market operator the data necessary for the contribution to the electricity trader or gas dealer. The distribution system operator shall keep the data received from the customer for 5 years. The distribution system operator shall transmit the data that are up-to-date on the relevant date pursuant to Article 11r (3) (c). The data transmitted is considered to be correct and reliable.
(2) The market operator is obliged to process and transmit to the electricity or gas trader the data necessary to take account of the contribution that is valid on the relevant date under Paragraph 11r (3) (c). The data transmitted is considered to be correct and reliable.
(3) The market operator is obliged to make payment to the electricity or gas trader to take account of the contribution before the relevant date for taking it into account under Paragraph 11r (3) (d).
(4) A market operator shall have the right to provide financing by the Ministry which is the contributor before payment is made to take account of the contribution of the electricity trader or gas trader. These funds must cover the total cost of the contribution. The Ministry shall provide funding to the market operator on the basis of its request for funding for the contribution by individual traders.
(5) The market operator shall, in cooperation with the Ministry, settle the difference between the funds received from the State Budget and the contribution it makes to the electricity trader or gas trader without undue delay.
(1) The electricity trader and gas trader are not recipients of the contribution and are obliged to charge the funds to take account of the contribution separately. The electricity trader and gas trader shall take into account the contribution in the next advance payment of the customer and in the next subsequent bill when the advance payments are applied or, in other cases, in the next bill, but not more than 14 months after the applicable date pursuant to § 11r (3) (d).
(2) The amount of the contribution taken into account must be clear from the accounts of the services. The funds to take account of the contribution shall not be included in the assets of the electricity trader or gas trader under the bankruptcy law and its methods of resolution and shall not be subject to enforcement and execution.
(3) The electricity trader and gas trader are required to publish on their website information on the amount of the contribution for each category of customer.
(4) If, contrary to the data transmitted, funds or contributions are made at the wrong level, the market operator, the electricity trader and the gas trader shall be obliged to deal with the difference without undue delay.
(5) A market operator and an electricity trader or a gas dealer are obliged to settle without undue delay the difference between the funds received from the market operator and the contribution taken into account to the household customer or to the customer in the housing house.
(6) To the extent of the contribution taken into account, the customer's debt for the electricity or gas supplied shall cease. This shall be without prejudice to the right of the electricity and gas traders to interrupt the distribution of electricity or gas where the conditions of undue collection pursuant to Paragraph 51 or 74 are met and the contribution does not cover the principal of the customer's debt.
(7) Unless otherwise provided for in this law, the legislation governing budgetary rules shall apply when the contribution and the refund are granted, and for this purpose the household or household customer is the recipient of the contribution in the housing.
(1) The customer in the house with apartments is obliged to pass on to the distribution system operator to whose system its demand facility is connected, the complete and true data necessary to take account of the contribution. If the customer does not transmit the data within the specified deadline, the right to take account of the contribution shall cease.
(2) The customer in the house with apartments is obliged to take into account the contribution of the recipient of the services at the latest in the next bill of account of the services as an exceptional advance paid by the recipient of the services, and for the purposes of discharging the cost of services under the law governing certain issues relating to the provision of services related to the use of apartments and non-residential premises in the house with apartments, the allowance taken into account shall not be taken into account. The amount of the contribution taken into account must be clear from the accounts of the services.
(3) A customer in a house with apartments has the right to take into account either the contribution under § 11r or the heat contribution under § 11v for the purpose of heating or the joint preparation of hot water for the house. If a customer in a house with apartments for a given house has been taken into account by a contribution under § 11r, he shall not be entitled to the allowance and shall not submit an application for a heat allowance under § 11w (1) for that house for a given calendar year or part thereof covered by the allowance.
56) Act No. 67 / 2013 Coll., adjusting certain issues related to the provision of services related to the use of flats and non-residential spaces in the house with apartments, as amended. '
2. The following Sections 11v to 11x are inserted after Section 11u, including the title:
"Heat cost allowance
(1) The contribution to heat costs (hereinafter referred to as "heat allowance") is the amount of money which is the expenditure of the State Budget to the customer for the payment of part of his heat payments provided by the holder of the licence for the production or distribution of heat energy to the customer's household demand point in the family house or the customer in the house with apartments. For the purposes of this Act, a customer in a house with apartments is a person who draws heat for heating or joint preparation of hot water as a service provider under another legislation56). In the case of a customer in a house with apartments, the allowance is intended for persons using apartments exclusively for housing purposes (hereinafter referred to as "the recipient of services').
(2) For the purposes of the Act on State Social Support, the Act on aid in material need, the Act on the provision of benefits to disabled persons and the Act on Social Services, the contribution to heat shall not be considered as income and the cost of heat covered by the contribution to heat shall be seen as being paid by the recipient of services or by a household customer.
(3) The Government may provide for a regulation for a calendar year or part of a calendar year
(a) the amount of the heat allowance for an apartment or family house, the maximum amount of which may not exceed CZK 30,000; the amount of the heat allowance may take into account the application of the transitional heat transformation support for the heat energy plant under another legislation,
(b) the dates, scope and manner of registration of the holder of the licence for the production or distribution of heat energy by the market operator;
(c) the dates, scope and manner of transmission of the data by the customer to the licence holder for the production or distribution of heat energy and the application for a heat allowance;
(d) the dates, scope and manner of transmission of data between the licence holder for the production or distribution of heat energy and the market operator;
(e) the date of submission and details of the request by the market operator to the Ministry for the grant of the heat allowance;
(f) the deadline for granting the funds to the market operator and the deadline for granting the payment to take account of the heat contribution of the holder of a licence for the production or distribution of heat energy;
(g) the relevant date on which the customer fulfils the conditions for taking into account the heat allowance;
(h) the relevant date from which the holder of the heat production or distribution licence takes into account the heat allowance.
(4) The heat allowance, its provision and consideration shall comply with the conditions for granting public aid laid down by European Union law.
(1) The customer is entitled to request that the heat allowance be taken into account in accordance with Paragraph 11v (1) of the holder of the licence for the production or distribution of the heat energy to which the installation is connected by his collection facility. The customer is obliged to request the heat allowance to be taken into account and to provide the full and true information necessary to take into account the contribution to the holder of the licence for the production or distribution of heat energy in the manner and within the time limit set out in the Government Regulation. If the customer does not request to take into account the heat allowance or does not provide the data transmitted within the specified time limit, the right to take into account the heat allowance shall cease to exist. The customer in the house with apartments is obliged to request to take into account the heat allowance according to the first sentence.
(2) The holder of a licence for the production or distribution of heat energy to which the heat source or the heating distribution installation is connected to the customer's demand facility for which the heat allowance is to be taken into account shall register with the market operator and transmit to him the data necessary to take into account the heat allowance that is up to date on the relevant date pursuant to Article 11v (3) (g). The data transmitted is considered to be correct and reliable.
(3) The market operator shall provide the holder with a licence for the production or distribution of heat energy with a payment to take account of the heat contribution and shall transmit to the customer the data necessary to take account of it, which shall be valid on the relevant date pursuant to Paragraph 11v (3) (g). The data transmitted is considered to be correct and reliable. The operator of the market is obliged to grant a heat allowance to the holder of a thermal energy licence before taking into account the heat contribution to the customer in accordance with § 11v (3) (h).
(4) A market operator shall have the right to provide financing by the Ministry which is the contributor to heat before payment is made to take into account the heat contribution of the holder of the licence for the production or distribution of heat energy. These funds must cover the total cost of the heat allowance. The Ministry shall provide financing to the market operator on the basis of its request to provide financing for the heat allowance for each licence holder for the production or distribution of heat energy.
(5) A market operator shall, in cooperation with the Ministry, settle the difference between the received funds from the State Budget and the contribution to heat granted to the holder of a heat licence without undue delay.
(1) The holder of a licence for the production or distribution of heat energy is not the beneficiary of the heat allowance and is obliged to charge for the funds to take account of the heat contribution separately. The holder of a licence for the production or distribution of heat energy shall take into account the heat allowance in the nearest advance payment of the customer and the nearest subsequent bill when the advance payments are applied or, in other cases, in the nearest bill, but not more than 14 months after the applicable date pursuant to § 11v (3) (h).
(2) The heat supply bill shall show the heat allowance taken into account above. The funds to take account of the heat allowance cannot be included in the property of the holder of the licence for the production or distribution of heat energy under the law governing bankruptcy and the methods of its resolution and are not subject to enforcement and execution.
(3) If, contrary to the data transmitted, the provision of funds or heat allowance is incorrect, the market operator and the holder of the heat production or distribution licence shall be obliged to settle the difference without undue delay.
(4) To the extent of the heat allowance taken into account, the customer's debt for the heat delivered shall cease. This shall be without prejudice to the right of the holder of the licence to produce or distribute heat energy for the interruption of the heat supply in the event that the conditions of unlawful collection pursuant to Paragraph 89 are met and the contribution does not cover the principal of the customer's debt.
(5) The market operator and the holder of a licence for the production or distribution of heat energy are obliged, without undue delay, to settle the difference between the funds received from the market operator and the contribution to heat taken into account to the customer.
(6) The customer in the house with apartments is obliged to take into account the heat allowance of the recipient of the services at the latest in the nearest bill of service as an exceptional advance paid by the recipient of services, and for the purposes of discharging the cost of services under the law governing certain issues relating to the provision of services related to the use of apartments and non-residential premises in the house with apartments, the heat allowance taken into account shall not be taken into account. The heat allowance taken into account above must be clear from the bill of discharge.
(7) Save as otherwise provided in this law, when providing a heat allowance and returning the heat allowance unduly paid, the legislation governing the budgetary rules shall apply, for which purpose the heat allowance shall be the recipient of a household customer or a customer in a house with apartments. ';
3. in Article 16 (1) (n):
"(n) the competent authority is competent to implement the measures provided for in the Regulation laying down guidelines for trans-European energy networks (30) and the Regulation on measures to ensure the security of gas supply, unless it is authorised under this Act to implement such measures by the transport system operator (21), and by the competent authority to declare and abolish emergency situations in the gas industry and to decide on the imposition of measures and to grant exemptions in an emergency situation under Section 73d;"
4. in Article 16 (1) (n):
"(n) is the competent authority for the implementation of the measures provided for in the Regulation on measures to ensure the security of the supply of natural gas, unless the operator of the transmission system is authorised under this Act to implement such measures) and the competent authority for the declaration and abolition of emergency gas emergency and for the determination of the imposition of measures and the granting of exemptions in case of emergency under § 73d,"
5. In Paragraph 17, the sentence "In the event of an emergency in the gas industry, the Energy Regulatory Authority shall be added at the end of paragraph 11 and, for the duration of the emergency, the price of the gas for the settlement of the derogation in an emergency, the amount of the permanent monthly salary in CZK / sampling point and the margin of the gas supplier in CZK / MWh shall be regulated."
6. In Paragraph 19a, at the end of paragraph 6, the sentence "The first sentence shall apply mutatis mutandis to determine the fixed monthly salary and margin of the gas supplier in the event of an emergency in the gas industry. The price of gas for clearing positive deviations shall be determined by the Energy Regulatory Authority in such a way as to correspond to the normal price of gas achieved on the wholesale gas market. The gas price for the settlement of the negative deviation shall be determined by the Energy Regulatory Authority in such a way as to take into account the price of gas provided to the Czech Republic in the framework of the international gas assistance provided by the Ministry, including compensation to foreign customers whose gas consumption has been limited due to the provision of international gas crisis assistance to the Czech Republic, to the neighbouring Member States of the European Union. The price of gas for clearing the negative deviation shall be at least set at the price of gas for clearing the positive deviation. ';
7. In Paragraph 56, the sentence "Gas market participants are also direct gas pipeline operators and foreign natural or legal persons who have a valid gas transport service contract or gas storage contract concluded at the end of paragraph 1. '
8. In Paragraph 73 (1), the words "and sudden 'are deleted.
9. In Paragraph 73 (3), the first sentence is: "The prevention of an emergency is a set of activities carried out by a transmission system operator or distribution system operator in a situation where there is a real risk of an emergency which the transmission system operator or distribution system operator is entitled to declare. '.
10. Paragraph 73 (6) and (7) are deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 6 to 8.
11. in Article 73, the following paragraphs 9 to 11 are added:
"(9) When an emergency is declared by the transmission system operator for the entire territory of the State or during its duration, the Ministry may issue measures to the extent necessary to:
(a) impose an obligation to restrict or interrupt gas consumption or change in gas supply, or to designate a group of customers to whom gas may be supplied, different from the declared stage of consumption under the legislation governing gas consumption stages;
(b) restrict the transport of gas to neighbouring gas systems; This does not apply to the international transport of gas and the transport of gas in the framework of international assistance in gas crisis situations; or
(c) restrict or prohibit the insertion of gas into a gas storage tank or the extraction of gas from a gas storage tank directly connected to the transmission system.
(10) If the Government approves the release of gas acquired into the State tangible reserves under the law governing the scope of the State tangible reserves administration and does not decide at the same time how to release the gas, the Ministry may issue a measure imposing, to the extent necessary, an obligation to sell gas from the State tangible reserves on the internal organised gas market. In such a case, the gas storage tank operator shall be required to provide the State tangible reserve system or the person who provides the gas storage in the State tangible reserves with the unused mining performance of other gas market participants.
(11) At the request of a transmission system operator or transmission system operator, the Ministry shall decide on an exemption from restrictions or interruptions to the consumption or change of gas supply provided for by the transmission system operator for the production of electricity under the conditions laid down by the directly applicable European Union regulation governing measures to ensure the security of gas supply. Only the applicant shall be a party to the proceedings. If the Ministry conforms to the request in accordance with the first sentence and if it is necessary for the purpose of the exemption granted, the Ministry may at the same time determine the period of validity of the exemption and the conditions for gas collection under the exemption granted. ';
12. In Paragraph 73b, the sentence "If an emergency is declared, the Czech Republic shall provide gas provided by neighbouring Member States of the European Union in accordance with the sentence of the first transmission system operator to balance the gas system at the price at which the Czech Republic has obtained gas in international assistance in crisis situations in gas."
13. in Paragraph 73b (6), the first sentence is deleted;
14. in Article 73b (7), the words "at the price referred to in paragraph 6" shall be deleted;
15. The following Sections 73d to 73h are inserted after Section 73c, including the headings:
Emergency
(1) An emergency situation is a state of crisis, where the last stage of sampling is declared for the entire territory of the State under the legislation governing the gas consumption stages in which the gas is still supplied to a designated customer group, and procedures for dealing with emergency situations under § 73 cannot be addressed.
(2) The declaration of emergency shall be decided by the Ministry after prior consultation with the transmission system operator. The Ministry shall publish an emergency declaration on the official record of the Ministry and inform the mass media of the emergency declaration. The declaration of emergency shall take effect on the date of publication on the official plate of the Ministry or at a later date specified by the Ministry in the emergency declaration.
(3) Where an emergency is declared, the retained demand step declared by the transmission system operator shall remain, unless the Ministry provides for other measures to limit or interrupt gas consumption or change gas supply when the emergency is declared or during the emergency. The emergency declared by the transmission system operator shall not be lifted.
(4) For the duration of the emergency
(a) gas storage tank operators shall benefit from gas storage tanks directly connected to the transmission system at least at the level specified by the transmission system operator;
(b) a gas market participant who has negotiated a gas storage contract in a gas storage tank directly connected to the transmission system shall be obliged to suffer an increase in gas extraction at the level specified by the gas storage operator in accordance with point (a);
(c) the transmission system operator is obliged to provide a transmission service for the extracted gas from the gas storage tank, regardless of the agreed reservation of transmission capacities and the derogation of the gas market participant;
(d) the insertion of gas into the gas storage tank directly connected to the transmission system is prohibited;
(e) gas manufacturers shall be obliged to produce the gas in the highest quantity possible which allows the gas production or production pipeline to be transported to the transmission or distribution system.
(5) In the case of gas extraction as referred to in paragraph 4 (a), the gas storage tank operator shall increase the notification of gas extraction by the gas market participant by the difference between the minimum amount of gas extraction by the gas market participant and the gas extraction notification by the gas market participant, provided that the minimum amount of gas extraction by the gas market participant is determined in proportion to the product of the minimum percentage of gas extraction and the volume of gas stored by the gas market participant. When determining the minimum percentage of gas extraction as referred to in the first sentence, the gas storage unit operator shall take into account the difference between the minimum amount of gas extraction determined by the transmission system operator and the notification of gas extraction by the gas market participants. In the case of the gas extraction referred to in paragraph 4 (a), the provisions of Sections 60c and 60d (3) shall not apply until the end of the storage year during which the emergency has been declared.
(6) When declaring an emergency situation or during its duration, the Ministry may issue measures granting an exemption from the obligations or prohibitions referred to in paragraph 4 in justified cases. In addition, the Ministry may, to the extent necessary, designate a group of customers to whom gas may be supplied, or impose an obligation to restrict or interrupt gas consumption or change gas supply, different from the declared consumption stage under the law governing gas consumption stages, or to restrict or prohibit the transport of gas to neighbouring gas systems, with the exception of the international transport of gas and the transport of gas in international assistance in gas crisis situations. The Ministry may at the same time determine the period of validity of the exemption and the conditions for gas collection according to the derogation granted under the first sentence.
(7) The Ministry shall abolish the emergency if the reasons for which it has been declared no longer exist. Paragraph 73d shall apply mutatis mutandis to the abrogation of an emergency.
Procedure for issuing, amending and revoking the measures of the Ministry in an emergency and in an emergency and in an exceptional state of emergency, and for deleting the effects of the measures of the transmission system operator
(1) The measures provided for in Articles 73 (9) and (10) and 73d (6) are imposed by the Ministry by measures of a general nature, without the procedure for proposing measures of a general nature. Where an obligation is imposed by such measures or a right is granted to a particular person or persons, the Ministry shall impose the measure by decision. In such a case, the decision may be the first action in the proceedings and the breakdown against such a decision shall not have suspensory effect. The decision referred to in the second sentence shall be delivered by hanging on the official plate of the Ministry and shall be deemed to have been delivered on the day following the official plate of the Ministry.
(2) A measure of a general nature referred to in paragraph 1 shall take effect on the day following the publication on the official plate of the Ministry, unless the Ministry determines in the measure a later date of application. The measure shall be suspended for the duration of the measure. If the reasons for the imposition of measures have passed or changed, the Ministry shall amend or repeal the measures in accordance with a procedure similar to that of the imposition of measures.
(3) Where, in accordance with the procedure laid down in a directly applicable European Union regulation governing a measure to ensure security of gas supply, the Commission requests the Ministry to abolish or amend measures imposed in an emergency or emergency, the Ministry shall review the measures imposed in a review procedure and take a decision within a period of time according to a directly applicable European Union regulation governing a measure to ensure security of gas supply.
(4) In so far as the restrictions or interruptions of gas supply or the change in gas supply declared by the transmission system operator are contrary to a measure of the Ministry in an emergency or emergency, the effects shall cease.
(5) By abolishing the emergency situation, the effects of the measures imposed by the Ministry for its duration will cease.
Limitation or interruption of consumption, change in gas supply and exclusion of the right to compensation
(1) In the event of an emergency, an emergency prevention and an emergency emergency, all gas market participants shall be required to submit to a specified extent of limitation or interruption of gas consumption or change in gas supply.
(2) Where a gas market participant, as referred to in paragraph 1, is obliged to comply with the interruption of gas consumption, the obligation to pay the price of the related gas service shall cease to exist during such interruption of gas consumption.
(3) In an emergency, in an emergency prevention and in an emergency emergency, the right to compensation shall be excluded, except in the case of an emergency declaration for the provision of international assistance in gas crisis situations. The right to compensation for the restriction of ownership pursuant to § 73g is not affected.
Compensation for the limitation of ownership, emergency compensation and compensation for revenue from the provision of the related gas service
(1) If the notification of the gas extraction of a gas market participant has been increased to a minimum level of production in accordance with the procedure laid down in Article 73d (4) (b), the gas market participant which is obliged to suffer such an increase in production shall, to the extent that such an increase, but not more than a positive deviation from that gas market participant, be entitled to compensation for the limitation of ownership rights equivalent to the positive difference between the purchase price of the gas and the price of the gas for clearing the positive deviation.
(2) The right to compensation for the restriction of the right of ownership referred to in paragraph 1 must be exercised with the Ministry no later than 6 months after the right of ownership has been restricted, otherwise the right shall cease. If the Ministry grants entitlement to compensation under the first sentence, it shall be reimbursed within 30 days of the entitlement being exercised. The compensation shall be paid from the State budget. The application of the right to compensation for the limitation of the right of ownership under the first sentence shall be a condition for the possible exercise of the right to compensation in court.
(3) Where the determined gas price for the settlement of a derogation in an emergency does not cover the costs of purchasing the balancing gas by the transmission system operator, the transmission system operator shall be entitled to compensation at the level of the costs incurred for the purchase of the balancing gas and the revenue from the settlement payments for the negative deviation of the gas market participants. Paragraph 2 shall apply mutatis mutandis to the application of entitlement to the refund and to the granting of the refund.
(4) Where the determined gas price for the settlement of a negative deviation in an emergency does not cover the costs of the gas supplier to obtain gas for the customer, the gas supplier shall be entitled to compensation equal to the difference between the purchase price of the gas and the price of the gas for the settlement of the negative deviation. Paragraph 2 shall apply mutatis mutandis to the application of entitlement to the refund and to the granting of the refund.
(5) The operator of the gas storage tank shall have the right to reimburse the costs associated with the increase in production pursuant to § 73d (4) (a) above the agreed mining performance with gas market participants. Paragraph 2 shall apply mutatis mutandis to the application of entitlement to the refund and to the granting of the refund.
(6) Where, in an emergency or in an emergency, a gas market participant is obliged to submit to the interruption of gas consumption, the transmission system operator and distribution system operator shall be entitled to compensation at the rate of unpaid revenues for the capacity component of the gas supply price. The compensation shall be paid from the State budget. The compensation from the State budget shall be provided by the Ministry at the request of the transmission or distribution system operator. The Ministry shall pay compensation to the operator of the transmission or distribution system within 30 days of the claim being claimed. The Ministry may, after consulting the Energy Regulatory Authority, decide to refund the compensation granted or part of it by the transmission or distribution system operator. It shall notify the Energy Regulatory Authority of this fact no later than 6 months after the end of the emergency. The Energy Regulatory Authority shall decide on the method and procedure for including the repayable part of the refund in the price of the related gas service in the regulated years following the end of the emergency. The transmission or distribution system operator shall transfer to the State budget the relevant monthly share of the refundable part of the refund within 30 days of the end of the calendar month of the regulated year in which the refund refund was included in the price of the related gas service.
Price of gas supply in emergency, emergency and upon termination
(1) In the event of an emergency declared by the transmission system operator for the whole gas system, the gas supplier shall be entitled to increase, even repeatedly, the price of the gas supply agreed with the customer for the duration of the emergency period so that the increase in the price of the gas supply takes into account, as far as possible, the change in the costs of the gas supplier for the purchase of gas during the emergency period.
(2) An increase in the price of the gas supply shall be published on its website by the gas supplier. The publication of an increase in the price of the gas supply and its notification shall include a lesson on the right of the customer to terminate the obligation under paragraph 4. The increase in the price of the gas supply shall be effective the day following the publication of the change in the price of the gas supply in accordance with the first sentence. It is true that by publishing the increase in the price of the gas supply in accordance with the first sentence, the increase in the price of the gas supply is notified to the customer.
(3) The gas supplier shall notify the publication of the increase in the price of the gas supply referred to in paragraph 2 and provide evidence of the way in which the change in the cost of the gas purchase is taken into account during the period of the emergency period at increased gas supply prices to the Energy Regulatory Authority, no later than 3 days after publication of the increase in the price of the gas supply.
(4) The customer shall be entitled to terminate the contract obligation within 10 working days of the date of publication of the increase in the price of the gas supply referred to in paragraph 2, with a two-week period commencing on the day following the receipt of the customer's statement by the gas supplier. The notice of termination of the contract shall be maintained if the gas supplier is notified during the period of termination of the contract.
(5) In the event of an emergency, the price arrangements for the supply of gas from the contract to customers shall not apply for the duration of the emergency. The customer is obliged to pay the price for the gas supply for the settlement of the negative deviation plus the monthly salary and margin set by the Energy Regulatory Authority. The gas supplier shall have the right to determine or amend, for the duration of the emergency emergency period, the amount of advance payments agreed or fixed by him for gas supply payments to an extent equivalent to the price for gas supply in an emergency; Paragraph 11 (6) shall apply mutatis mutandis. For the duration of the emergency period, the customer is obliged to pay advance payments for the gas supply specified by the gas supplier. In the event of an emergency, the customer is entitled to terminate the obligation to supply gas with two weeks' notice, starting on the day following the receipt of the customer's statement by the gas supplier.
(6) The gas supplier shall be entitled to announce an increase in the price of the gas supply within one month of the end of the emergency declared by the transmission system operator for the whole gas system or after the abrogation of the emergency situation, unless an emergency is declared at the same time.
(7) The increase in the price of the gas supply referred to in paragraph 6 shall be communicated by the licence holder to the customer on a demonstrable and address basis no later than the 30th day before its effective date. The notification shall include a lesson on the right of the other Contracting Party to refuse amendments and terminate the obligation without penalty under paragraph 9.
(8) If the increase in the gas price is not notified in accordance with paragraph 7, it shall not result in legal effects.
(9) If the customer does not agree to an increase in the price referred to in paragraph 6, he shall be entitled, without penalty, to terminate the obligation of the contract at any time until the tenth day before the effective date of the increase, such notice being effective on the date immediately preceding the effective date of the increase. The time limit shall be maintained if, in the course of the contract, a notice of termination is sent to the licence holder. ';
16. In Paragraph 88, the following sentence is added at the end of the text in paragraph 4: "The Ministry may declare an emergency prevention for a maximum period of 12 calendar months for the entire territory of the State. The prevention of an emergency may be extended by the Ministry for a maximum of 12 calendar months if the reasons for its publication continue, including repeatedly. ';
17. In Paragraph 88, paragraphs 7 and 8 are added:
"(7) In preventing an emergency or an emergency that has been declared by the Ministry, it may take measures and impose obligations on holders of a thermal energy production licence or a thermal energy distribution licence to reduce the risk of an emergency situation, to address the situation in the thermal energy supply systems referred to in paragraph 1, to limit its consequences or to restore the supply of heat energy.
(8) Holders of a licence for the production of heat energy or for the distribution of heat energy shall be obliged to fulfil the obligations imposed by the Ministry pursuant to paragraph 7 and to carry out any restrictions on the supply of heat energy or the use of heat energy by thermal energy customers only on the basis of the obligation imposed by the Ministry. This is not the case if the emergency situation in the heating system is necessary for reasons other than those declared by the Ministry or if the emergency situation has been declared for the thermal energy supply system by the Regional Authority or the City of Prague. '
18. in Paragraph 90 (1) (r):
"(r) the restriction on the consumption of electricity, gas or the change in the supply of electricity or gas referred to in Article 54 (5) or Article 73f (1) or the general measure imposed pursuant to Article 73 (9) (a) shall not be subject to the restriction on the consumption of heat pursuant to Article 88 (3),";
19. In Paragraph 90, at the end of paragraph 2, the dot is replaced by a comma and the following points (l) and (m) are added:
"(l) as a customer in a house with apartments, does not transmit the true information necessary to take account of the contribution referred to in § 11u (1) or § 11w (1) or infringe any of the obligations set out in § 11u (2) or (3) or in § 11x (6);
(m) as a customer, infringes the obligation set out in Paragraph 11w (1). "
20. in Paragraph 90 (4), "(e) to (j)" is replaced by "(e) to (j), (l) or (m)."
21. in Paragraph 91 (4) and (9) (b):
"(b) does not inform a market operator in accordance with § 12c (3), does not transmit the necessary data to the market operator in accordance with § 11s (1), does not retain the data in accordance with § 11s (1) or does not transmit the last instance to the supplier in accordance with § 12c (3),"
22. In Paragraph 91, at the end of paragraph 5, the dot is replaced by a comma and the following points (g) to (j) are added:
"(g) apply the contribution in breach of § 11r (1);
(h) does not charge or take into account a contribution under Paragraph 11t (1);
(i) does not disclose the amount of the contribution for each category of customer pursuant to Paragraph 11t (3);
(j) fails to settle the difference under Paragraph 11t (4). ';
23. in Paragraph 91 (6) (l):
"(l) the restriction of gas consumption or the change in gas supply pursuant to § 73f (1) or the general measure imposed pursuant to § 73 (9) (a) or § 73d (6) shall not be subject."
24. In Paragraph 91, at the end of paragraph 6, the dot is replaced by a comma and the following point (r) is added:
"(r) infringes the obligation to produce gas at the maximum quantity available, which allows the gas production or production pipeline to be transported to the transmission or distribution system, in accordance with Section 73d (4) (e)."
25. in Paragraph 91 (7) (a) read:
"(a) infringes the measures provided for in the form of general measures pursuant to Article 18a (3) or Article 73 (9) (b) or Article 73d (6),"
26. In Paragraph 91, at the end of paragraph 7, the dot is replaced by a comma and the following point (t) is added:
"(t) infringes the obligation to provide a service of transport for extracted gas from the gas storage tank in accordance with § 73d (4) (c)."
27. in § 91 (10) (a):
"(a) infringes the measures laid down in the form of general measures pursuant to Article 18a (3) or Article 73 (9) (c) or Article 73d (6),"
28. in Paragraph 91 (10) (j):
"(j) the restriction of gas consumption or the change in gas supply pursuant to Article 73f (1) or imposed by a general measure pursuant to Article 73 (9) (a) or Article 73d (6) shall not be subject.";
29. In Paragraph 91, at the end of paragraph 10, the dot is replaced by a comma and the following points (s) to (v) are added:
"(s) in contravention of Paragraph 73 (10), it shall not grant to the Commission the material reserves of the State or to the person responsible for the storage of gas in the reserves of the State, the unused production performance of other gas market participants;
(t) infringes the obligation to extract gas from gas storage tanks directly connected to the transmission system at the level necessary by the transmission system operator pursuant to Article 73d (4) (a);
(u) infringes the prohibition to insert gas into the gas storage tank directly connected to the transmission system provided for in Section 73d (4) (d);
(v) determine the minimum level of extraction of the gas market participant in breach of Paragraph 73 (5). ';
30. In Paragraph 91, at the end of paragraph 11, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) increases the price for the supply of gas agreed with the customer in breach of § 73h (1);
(j) not to notify the publication of an increase in the price of the gas supply or to provide evidence of a change in the cost of purchasing the gas during the period of the emergency period to the Energy Regulatory Authority pursuant to Article 73h (3). ';
31. In Paragraph 91, at the end of paragraph 12, the dot is replaced by a comma and the following points (l) to (o) are added:
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Regulation Information
| Citation | Act No. 232 / 2022 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.2022 |
|---|---|
| Effective from | 10.08.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 259
Public Contracts 5
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